Subject: Publishing NASA Documents in the Federal Register and Responding to Regulatory Actions

Responsible Office: Mission Support Directorate

a. It is NASA's policy to publish its notices and regulations in the
Federal Register (FR) to give the general public information on the
Agency's activities and, where applicable, an opportunity to comment.
Notices and regulations are prepared in accordance with the FR Document
Drafting Handbook and certified as prescribed by the Administrative
Committee of the Federal Register.

(1) NASA notices include, but are not limited to, notices of meetings for
the NASA Advisory Council (NAC) or NAC subcommittees, prospective patent
licenses, Government-owned inventions available for licensing, final
environmental impact statements, and information collections. NASA
notices are issued by the office of primary responsibility to achieve
compliance with external requirements.

(2) NASA regulations, which are codified in Titles 2, 5, 14, and 48 of
the Code of Federal Regulation (CFR) include proposed rules (i.e.,
notices of proposed rulemaking), preliminary rules (i.e., advance notices
of proposed rulemaking), final rules, interim final rules, and direct
final rules. See Attachment A for definitions. A regulation is amended
or issued if an Official-in-Charge (OIC) and the General Counsel
determine that it is required or is the best available method for
achieving compliance with the Agency's objectives.

b. It is NASA's policy to submit its planned regulatory priorities to the
Office of Management and Budget's (OMB) semiannual Unified Agenda of
Federal Regulatory and Deregulatory Actions and summarize its
significant regulations under development in OMB's annual Regulatory
Plan. As prescribed by Executive Order (EO) 12866, Regulatory
Planning and Review and EO 13563, Improving Regulation and
Regulatory Review, NASA regulations will be proposed only upon a reasoned
determination that its benefits justify its cost, and are tailored to
impose the least burden on society.

2. APPLICABILITY

a. This NPD is applicable to NASA Headquarters and NASA Centers,
including Component Facilities and Technical and Service Support Centers.

b. In this NPD, all mandatory actions (i.e., requirements) are denoted by
statements containing the term "shall." The terms: "may" or "can"
denote discretionary privilege or permission, "should" denotes a good
practice and is recommended, but not required, "will" denotes expected
outcome, and "are/is" denotes descriptive material.

3. AUTHORITY

a. The National Aeronautics and Space Act, as amended, 51 U.S.C.
§ 20113(a).

(1) Ensure that all NASA notices and regulations are properly prepared in
accordance with the FR Document Drafting Handbook.

(2) Ensure that regulations are coordinated, approved, and published
within established timelines, and withdrawn from the Unified Agenda if
not submitted for signature to the Administrator in order to meet
established timelines.

(3) Ensure that responsible offices are notified when regulations under
their authority approach the five-year required review, six months in
advance, and request that regulations be reviewed to determine if any
should be amended, repealed, or retained as is.

(4) Ensure that NASA regulations are posted in the Federal Docket
Management System (FDMS) for public comment, as prescribed by the
E-Government Act of 2002, EO 12866, and EO 13563.

(5) Ensure that regulations are provided to Congress and the General
Accountability Office (GAO) for a Congressional review before they take
effect, in accordance with the Congressional Review of Agency Rulemaking,
except as provided in paragraph 5e.

(6) Obtain OMB's approval on all NASA regulations before submitting the
regulations to the FR for publication, in accordance with EO 12866,
except as provided in paragraph 5e.

(7) E-mail all digitally signed notices to the FR for publication,
except as provided in paragraph 5e.

(8) Certify and transmit all NASA regulations to the FR for publication,
except as provided in paragraph 5e.

(9) Coordinate and submit NASA's regulatory priorities and regulations
under development to OMB for inclusion in the Regulatory Plan and the
Unified Agenda using the Regulatory Information Service Center and Office
of Information and Regulatory Affairs Consolidated Information System.

(10) Maintain all records pertaining to NASA notices and regulations and
the Agency's submission to the Regulatory Plan and the Unified Agenda, in
accordance with NPR 1441.1, NASA Records Retention Schedules.

e. The Assistant Administrator for Procurement, or designee, shall:

(1) Prepare and sign all notices and regulations dealing with the NASA Grant and Cooperative Agreements Handbook and the Federal Acquisitions
Regulation (FAR), in accordance with the FR Document Drafting Handbook.

(2) Certify and transmit all procurement-related notices and regulations
to the FR for publication.

(3) Post all procurement-related regulations in the FDMS to receive and
respond to public comments, in accordance with the E-Government Act of
2002.

(4) Submit regulatory priorities and regulations under development to the
FR Liaison Officer for inclusion in the Regulatory Plan and the Unified
Agenda.

f. The NASA General Counsel, or designee, shall:

(1) Prepare and sign all notices announcing the availability of patents
for licensing and notices of intent to grant a specific patent license.

g. The Assistant Administrator for Strategic Infrastructure, or designee,
shall:

(1) Prepare and coordinate notices that have the potential to adversely
affect the environment, or cause public controversy due to environmental
impacts, to ensure compliance with the National Environmental Policy Act
of 1969, as amended.

(2) Designate a Federalism Officer.

(3) Designate an Indian Tribal Governments Liaison Officer.

h. The Federalism Officer shall review the Agency's consolidation of
regulations under development, prior to submission to OMB's Unified
Agenda, in order to:

(1) Determine the impact of each NASA regulation on State and local
government, pursuant to EO 13232, Federalism.

(2) Ensure appropriate consultation with State and local officials when
NASA regulations preempt State law.

(3) Submit a Federalism summary impact statement to OMB prior to the
promulgation of a NASA regulation that preempts State law.

(4) Prior to the promulgation of a NASA regulation that preempts State
law, make available to OMB any written communications submitted to NASA
by State and local officials.

i. The Indian Tribal Governments Liaison Officer shall review the
Agency's consolidation of regulations under development, prior to
submission to OMB's Unified Agenda, in order to:

(1) Determine the impact on Indian Tribal Governments for each NASA
regulation, pursuant to EO 13175, Consultation and Coordination with
Indian Tribal Governments.

k. The ACMO shall sign all notices announcing NASA Federal advisory
committee meetings, including meetings of the NASA Advisory Council and
its committees, the Aerospace Safety Advisory Panel, and other NASA
Federal advisory committee meetings. Such meeting notices shall be
published in the FR at least 15 calendar days prior to the date of the
meeting, as prescribed by the Federal Advisory Committee Management.

l. The Chief Information Officer, or designee, shall:

(1) Prepare and sign all notices dealing with information collections
under OMB review as part of NASA's continuing effort to reduce paperwork
and respondent burden, in accordance with the Paperwork Reduction Act and
the Regulatory Flexibility Act, as well as notices dealing with NASA
systems of records subject Privacy Act of 1974.

(2) Coordinate NASA's current memorandum of agreement with the
Environmental Protection Agency (EPA) to support the maintenance and
operations of the FDMS, as well as transfer funding to EPA that
reasonably reflect NASA's allocable share of calendar year costs for
implementation, use, operations, and management of the FDMS.

m. The Assistant Administrator for Small Business Programs shall review
and concur on all NASA regulations prior to publication in the FR, and
NASA's annual statement of regulatory priorities and semiannual unified
agenda, to determine whether the regulations are likely to have a
significant economic impact on a substantial number of small entities, in
accordance with the Regulatory Flexibility Act.

n. The Executive Director for Headquarters Operations, or designee, shall
maintain tracking of all notices and regulations published under the
Agency's assigned billing code.

o. The Assistant Administrator for Human Capital Management shall
coordinate the consultation of NASA regulations, except as provided in
paragraph 5e, with labor organizations granted National consultation
rights at NASA, in addition to conducting its own review and submitting a
concurrence on these documents.

p. OICs of Headquarters Offices, or their designees, shall:

(1) Ensure that all notices and regulations under their authority comply
with the provisions of this NPD.

(2) Prepare notices of upcoming meetings for Federal advisory committee
meetings under their authority and coordinate such notices with the NASA
Federal ACMO for approval with sufficient lead time to ensure that
notices are published in the FR not less than 15 calendar days prior to
the meeting.

(3) E-mail draft notices to OICMS for review and approval and OICMS-
approved, digitally signed notices for publication.

(4) Obtain concurrence from the Office of the General Counsel and
written approval from the NASA Federal ACMO for any NASA Federal advisory
committee meetings that:

(a) Are of an administrative, preparatory, or fact-finding nature not
subject to the Federal Advisory Committee Act (FACA); or

(b) Require Agency written approval to formally close the meeting to the
public, in accordance with FACA, the Government in the Sunshine Act, and
other implementing regulations.

(5) Consult the Office of the General Counsel to determine the need to
amend or issue regulations.

(6) Ensure that regulations under their authority do not replicate
existing internal or external requirements. However, cross referencing
may be used to cite existing requirements.

(7) Review the currency and appropriateness of their regulations at least
once every five years and each time the underlying statutory authority is
amended, in order to determine if action is needed to amend or repeal
regulations.

(8) Respond to public comments on regulations under their authority by
submitting those responses to the FR Liaison Officer for posting in the
FDMS.

(9) Ensure that material is properly prepared, coordinated, and
editorially correct, with emphasis on brevity and clarity.

(10) Coordinate all notices and regulations with the FR Liaison Officer.

(11) Submit regulatory priorities and regulations under development to
the FR Liaison Officer for inclusion in the Regulatory Plan and the
Unified Agenda.

q. NASA Center Directors, or their designee proposing notices, shall:

(1) Ensure that all notices under their authority comply with the
provisions of this NPD.

(2) Coordinate all notices under their authority with their respective
Office of the Chief Counsel for concurrence, the Headquarters (HQ) Office
of the General Counsel for concurrence, the HQ Office of the Associate
Administrator for approval, and the FR Liaison Officer for review prior
to e-mailing digitally signed notices for publications.

r. The Inspector General, in accordance with the Inspector General Act,
shall review all regulations prior to publication in the FR. Notices
signed by the Inspector General will be reviewed by legal counsel to the
Inspector General and processed through the NASA FR Liaison Officer for
publication.

6. DELEGATION OF AUTHORITY

None.

7. MEASUREMENTS

The OICMS shall verify compliance with this directive by reviewing each
NASA notice, regulation, and unified agenda input to confirm that
requirements are met and corrective actions are completed through the use
of checklists.

8. CANCELLATION

/s/ Charles F. Bolden, Jr.Administrator

ATTACHMENT A: Definitions

Direct Final Rule - A direct final rule is issued to expedite
rulemaking for a noncontroversial action not expected to generate
adverse comments. It is generally not preceded by a proposed rule, but
can be issued concurrently. The comment period for a direct final rule
usually runs 30 or 45 days from the date of publication.

Final Rule - A final rule finalizes a previously issued proposed rule or
takes final action with a prior proposed rule (for good cause). It is
generally issued to amend the CFR and is effective in 30 days from the
date of publication in most cases, 60 days from the date of
publication for major rules, or on the date of publication in response
to an emergency or for other good causes shown.

Information collection - Can occur in any form or format, including the
use of report forms; application forms; schedules; questionnaires;
surveys; reporting or recordkeeping requirements; contracts; agreements;
policy statements; plans; rules or regulations; planning requirements;
circulars; directives; instructions; bulletins; requests for proposal or
other procurement requirements; interview guides; oral communications;
posting, notification, labeling, or similar disclosure requirements;
telegraphic or telephonic requests; automated, electronic, mechanical, or
other technological collection techniques; standard questionnaires used
to monitor compliance with agency requirements; or any other techniques
or technological methods used to monitor compliance with agency
requirements.

Interim Final Rule - An interim final rule is issued to react to an
emergency situation, relieves unnecessary restrictions on the public, and
take public comments on interim action. An interim final rule takes
effect generally on the date of publication or less than 30 days from the
date of publication. The comment period for interim final rules usually
runs 30, 60, or 90 days from the date of publication.

Preliminary Rule - A preliminary rule (also known as "Advanced Notice of
Proposed Rulemaking") also announces possible changes to the CFR and
solicits public comments on proposed regulatory text.

Proposed Rule - A proposed rule (also known as "Notice of Proposed
Rulemaking") announces possible changes to the CFR and solicits public
comments on proposed regulatory text. Comments on these rules must be
considered and decisions to finalize justified. If proposed rules are
impracticable, unnecessary, or contrary to the public interest, agencies
may invoke a "good cause" exception.

a. Prepare a notice using the guidelines outlined in the FR Document
Drafting Handbook. Once the notice is finalized, e-mail the final draft
notice to the FR Liaison Officer for review and processing.

b. After receiving the processed notice back from the FR Liaison Officer,
obtain the authorized signer's digital signature on the notice and
forward the digitally signed notice to the FR Liaison Officer for
transmission to the FR.

Note 1: The person whose name appears in the signature
block of the notice is the only one that can digitally sign
the notice.

Note 2: When forwarding a digitally signed notice on
behalf of the authorized signer, do not open the document,
as it will compromise the digital signature.

B.2 Preparation of regulations signed by the NASA Administrator

a. Prepare a regulation using the guidelines outlined in the FR Document
Drafting Handbook. Once the regulation is finalized, perform the
following to coordinate for the NASA Administrator's signature:

(1) Request a Regulatory Identification Number using the Regulatory
Information Data (RID) form, and submit it to the FR Liaison Officer.

Note: Download the RID form and instructions for completing the
form at: http://www.reginfo.gov/public/jsp/regform/download.jsp

(2) In the Preamble of the regulation, include language that instructs
the public to submit comments to http://www.regulations.gov/.

(3) Prepare an Action Document Summary, NHQ 117, listing the
organizations that will review and concur.

Note: At a minimum, obtain concurrences from the Office
of the Chief Financial Officer, the Office of the General Counsel, the
Office of Human Capital Management, the Office of Small Business
Programs, the Office of the Inspector General, the Office of
International and Interagency Relations, and the Office of Internal
Controls and Management Systems.

(4) Make the appropriate number of copies and distribute the packages to
the organizations for simultaneous concurrence.

b. After receiving all concurrences, e-mail the final draft regulation
to the FR Liaison Officer for coordination of OMB's approval.

Note: OGC reviews during the simultaneous review, but
concurs on the signature package.

c. After receiving notification from OICMS that OMB has approved,
assemble the regulation in an Administrator's (A) signature package. See
correspondence package assembly requirements outlined in NPR 1450.10.

d. Forward the package to OICMS.

Note 1: OICMS will forward the package to OGC for
concurrence and the Executive Secretariat for review.

Note 2: OGC and the Executive Secretariat will coordinate
corrections directly with the responsible office.

e. Once the signed regulation is returned, complete three Submission of
Federal Rules Under the Congressional Review Act using Form 24722 and do
the following:

(1) Attach a copy of the regulation to the form, make three copies, and
obtain the respective OIC's original signature on all three copies.

Note: The FR Liaison Officer will forward the packages to
GAO, the House of Representatives, and the Senate for
Congressional review.

(3) Forward the original signed regulation, three copies of the
original, and one copy of the ADS with concurrences from reviewing
organizations, and e-mail the final version of the regulation in
Microsoft Word format to the FR Liaison Officer.

Note: The FR Liaison Officer will forward the regulation
to the FR for publication. Regulations are published three
days after receipt by the FR.

(URL for Graphic)

None.

DISTRIBUTION:
NODIS

This Document Is Uncontrolled When Printed.
Check the NASA Online Directives Information System (NODIS) Library to Verify that this is the correct version before use:
http://nodis3.gsfc.nasa.gov